The conservation and sustainable use of biodiversity in areas beyond national jurisdiction of the Costa Rica thermal dome: moving from lex lata to lex ferenda

Abstract

The ocean plays an essential role in environmental, social and economic development worldwide. The aim of the study is to examine the scientific, policy and legal reasons underpinning efforts to ensure the conservation and sustainable use of the marine biodiversity in areas beyond national jurisdiction (ABNJ) of the Costa Rica Thermal Dome. For this purpose, the thesis reviews multilateral environmental instruments applicable to the different sectoral activities taking place in ABNJ, along with the shortcomings of such regimes, as well as decisions of international courts and tribunals. Thereafter, it explores the legal and institutional framework in the Central American region and undertakes an assessment of five comparative case studies of regional best practices, along with the main elements under discussion at the BBNJ negotiations at the United Nations, including the leadership role adopted by Costa Rica. The thesis concludes with a proposal for a new regional instrument for the protection and management of the unique biodiversity associated with the CRD in ABNJ.